sub letting?

Post reply   Start new thread
:: New - Old :: Old - New

Pages: 1 |

Forum home :: Latest threads :: Search forums
The Comments
18 Jan 2010 12:00 AM by marinagm Star rating. 7 posts Send private message

I'm thinking of taking on a long term rental and letting it out for holiday lets.

Obviously the owners would need to be in agreement and it would need to be written into a contract. However an estate agent has told me it is only possible to do this if I take a "Guarantee Contract" which means I would have to pay for the whole 11 months up front.

Can anyone advise if this information is correct?





Like 0      
18 Jan 2010 5:14 PM by spanishsolicitor Star rating in Murcia. 140 posts Send private message

spanishsolicitor´s avatar

If you are going to rent a house whose paramount purpose is to satisfy your need of permanent housing s.(2) (1) your lease will be governed by Part II (Tenancies for housing) of the Urban Tenancies  Act which provides in its section 8 for the assignment of the lease and sub lease

 

(1) The lease shall not be assigned by the tenant without the landlord’s written consent. In the event of assignment, the assignee is subrogated to the position of the assignor.

 

(2) The rented house can only be sublet partly and with the prior written consent of the landlord.

Sub-leasing is governed by the provisions of this Part when the sublet part of the dwelling is used by the subtenant to the purpose specified in section 2 (1). Failing this condition, it shall be governed by what has been agreed between the parties.

 

The right of the subtenant will terminate in any event, when the tenancy of the lessor that subleased terminates.

 

The rent of the sublease may not exceed, in any case the rent which corresponds to the lease.

 

If you are not going to use the rented property as a permanent residence your lease will be regulated by Part III of the Act (tenancies for other uses than housing). Whereas tenancies included in Part II are subject to its provisions, failing that by the will of the parties,  leases for uses other than housing are regulated by the will of the parties and failing that by Part III of the Act.

The estate agent is simply informing you about a requirement of the landlord, he or she wants 11 months in advance.

You should read carefully the agreement and specially the assignment or sub-lease terms, if there is nothing established about that, then section 32 - which is more designated for business rental -  will be applied

 

32           Assignment of the contract and subletting

 

(1) If in the leased dwelling-house were ran a business or practiced a professional activity, the tenant can sublet the dwelling or assign the lease without the need to have the consent of the lessor.

 

(2) The landlord has the right to increase the rent in effect by 10 per cent in the event of a partial sublease, and by 20 per cent in the event of assignment of the lease or the total sublease of the leased dwelling-house

 

(3) The change in the person of the tenant as a result of a merger, conversion or demerger of the lessor company  shall not be deemed as assignment, but the landlord shall be entitled to increase the rent provided in the preceding subsection.

 

(4) Both the assignment and subleasing shall be properly notified to the lessor within one month since they were entered into.

 

 



_______________________
www.fljordan.com



Like 1      
18 Jan 2010 7:50 PM by marinagm Star rating. 7 posts Send private message

Thank you. A lot of information there!

A quick read through leads me to worry about this.....  The rent of the sublease may not exceed, in any case the rent which corresponds to the lease.

It would seem that this would make the whole plan pointless!

 

 

 





Like 0      
18 Jan 2010 8:27 PM by spanishsolicitor Star rating in Murcia. 140 posts Send private message

spanishsolicitor´s avatar

 

Marina
 
This subsection you mentioned  is provided only if you are going to live in the rented house, I mean if it is going to be your primary residence otherwise you can agree with your landlord whatever you want. For instance a three months up front rather than 11.
 
If you are not going to use the rented house as your abode and after reading the agreement you don't see any reference dealing with  assignment or subletting  your lease will be governed by section 32.
Bear in mind that the real use of the rented house (as residence or for holidays) regardless of what it is stated in the agreement  will determine whether you are under section (8) or not
 


_______________________
www.fljordan.com



Like 0      
19 Jan 2010 5:11 AM by marinagm Star rating. 7 posts Send private message

Pages: 1 |

Post reply    Start new thread


Previous Threads

bill det - 0 posts
almanzora country club update - 4 posts
Lawyer in Murcia? - 7 posts
Hi I haven't been on for a while but this is an urgent appeal - 4 posts
Wanted 2 month rental Iznajar Cordoba - 0 posts
Los Belones shopping complex - 1 posts
professional photos needed for holiday rental website Mar Menor 2 - 2 posts
message for EOS regarding Mar Menor Golf Resort 2 - 0 posts
Babysitters for Mar Menor Golf resort - 1 posts
Hairdresser or Beautician required - 0 posts
Walk in Orihuela - 0 posts
best car rental - 12 posts
AZURETEL (tele, internet and landline) - 0 posts
Cuota - 4 posts
renting to family - 22 posts
tv for holidays - 10 posts
Help. Wireless router and iberbanda desktop connection - 1 posts
APARTMENTS WANTED FOR LONG AND SHORT TERM MIJAS COSTA - 1 posts
COFFEE TABLE FOR SALE WENGUE COLOUR ONLY 60 EUROS MIJAS COSTA - 0 posts
SINGLE BED with MATRESS, BRAND NEW FOR SALE, 80 EUROS ONLY. MIJAS COSTA - 0 posts
Ford Transit Van Wanted!! - 0 posts
Increase in Land Registry & Notary Tariffs for 2010 - 0 posts
Justin, Could you do me a favour please? - 3 posts
UK Car Insurance - 3 posts
selling uk car in spain - 2 posts

Number of posts in this thread: 5

DISCLAIMER:  All opinions posted on these message boards are the opinion solely of the poster and do not necessarily reflect the opinion of Eye on Spain, its servants or agents.


1 |
Our Weekly Email Digest
Name:
Email:


This site uses cookies. By continuing to browse you are agreeing to our use of cookies. More information here. x